Long Beach Municipal Code Div. I Contracts

A. "General contractor" is defined as any person who undertakes, or offers to undertake, or does himself or through others, the construction, alteration, repair, addition to, subtraction from, improvement, moving, wrecking or demolishing any building or other structure, project, development or improvement, including the erection of scaffolding, or other structures, or works in connection therewith.

B. "Public work" or "public improvement" shall not include:

1. Work on streets, highways, alleys, bridges, and including all construction work financed with gasoline tax funds;

2. Work financed with federal and County funds, including County flood control work;

3. Construction work financed by motor vehicle license fees;

4. Work on sewers or storm drains;

5. Contracts awarded under the Improvement Act of 1911.

C. "Subcontractor" is defined as any person who undertakes, or offers to undertake, or does by himself or through others, for a general contractor, the furnishing of any labor or service in constructing, altering, repairing, adding to, subtracting from, altering, moving, wrecking, or demolishing any building or other structure, project, or development, or improvement, including the erection of scaffolding, or other structure, or works in connection therewith.

(Prior code §§ 7110.5, 7110.6 and 7110.7)

The City Manager shall include in the specifications prepared for public work or improvement a provision that any general contractor bidding on such public work or improvement shall set forth in his bid the name and location of the place of business of each subcontractor who will perform labor or render service to the general contractor in the performance of said public work or improvement in an amount in excess of one-half of one percent (0.5%) of the general contractor's total bid, and the general contractor shall specify the portion of the work which will be performed by each of said subcontractors.

(Prior code § 7110)

A general contractor who has been awarded a contract, without the consent of the City Manager, shall neither:

A. Substitute any person as a subcontractor in place of the subcontractor designated in the original bid;

B. Permit any such contract to be assigned or transferred or allow it to be performed by anyone other than the subcontractor listed in the bid;

C. Sublet or subcontract any portion of the work in excess of one-half of one percent (0.5%) of the general contractor's total bid as to which general contractor's original bid did not designate a subcontractor.

(Prior code § 7110.2)

If a general contractor fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent (0.5%) of the general contractor's total bid, then the general contractor shall perform such part of the work or improvement himself.

(Prior code § 7110.2)

The City Manager may give his consent to a substitution of a subcontractor under any of the following conditions:

A. If the subcontractor named in the bid, after having a reasonable opportunity to do so, fails or refuses to execute a written contract when said written contract, based upon the general terms, conditions, plans and specifications for the project involved, or the terms of such contractor's written bid, is presented to him by the general contractor;

B. If the subcontractor listed fails, refuses or neglects, within a reasonable time after requested by the general contractor, to commence labor or service to be rendered by such subcontractor, or to diligently complete the service or labor after commencement thereof;

C. If the work being performed by the subcontractor is not being prosecuted in a manner satisfactory to the City Engineer.

(Prior code § 7110.3)

The City Manager may permit the subletting or subcontracting of work in excess of one-half of one percent (0.5%) of the general contractor's total bid, as to which he did not designate a subcontractor, if he finds that public emergency or necessity requires such portion of the work to be subcontracted or sublet, and provided the facts constituting the emergency or necessity are set forth in writing and filed with the City Council.

(Prior code § 7110.4)

No subcontractor shall be recognized as such by the City, and all persons engaged in the work of construction shall be considered as employees of the general contractor, and said general contractor shall be held responsible for the work of any subcontractor performed under any contract awarded by the City Manager.

(Prior code § 7110.8)

A general contractor violating any of the provisions of this Chapter, violates his contract and the City Manager may cancel the contract. After any such violation, the general contractor shall be penalized to the extent of twenty percent (20%) of the amount of the subcontract involved. Funds recovered through the application of this penalty shall be deposited in the general purpose fund of the City.

(Prior code § 7110.9)